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The IUP Law Review
ISSN: 2231-3095
A ‘peer reviewed’ journal distributed by EBSCO Database

April'18

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The IUP Law Review is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Death Penalty in a Fallible Criminal Justice System
A New Era of Healthcare Consumerism: Trouncing Hallucination and High Jinx
Comparative Advertising: The Ifs and Buts in Indian Law
The Issue of Collective Land Ownership Under African Customary Land Law: The Case of Cameroon
Legal Requirements for Linking Self-Help Groups to Micro, Small and Medium Enterprises
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Contents
(April 2018)

Death Penalty in a Fallible Criminal Justice System

--Md Akbar Khan and Abhimanyu Singh

The existence of a punishment such as Death Penalty in contemporary India presupposes a blameless, unmarred Criminal Justice System. When a court decides to take the life of a human being, with the intention to punish for a wrong deed, it assumes that all the chains in the machinery that led to the conviction of this man are faultless. Through this paper, the authors aim to analyze the procedures of criminal justice that take place in our country. The purpose of this paper is to understand whether this brutal punishment relies on a system that is just, fair and dependable. The authors introduce their stance on the issue with the help of a contemporary Indian case. Then, the processes of investigation and collection of evidence by the police are scrutinized. Further, decisions of the judiciary are analyzed to develop an understanding of the methods of the judiciary. Later, the final stage of criminal justice, the executive clemency, is broadly analyzed. Once the system that awards this punishment is scrutinized, the authors attempt to prove the alleged brutality of the punishment by analyzing its impact.

Article Price : Rs.50

A New Era of Healthcare Consumerism: Trouncing Hallucination and High Jinx

--Ravulapati Madhavi

Consumerism camouflaged in welfares, beeping autonomy of individual choice and financial interests and integrity, embraced health sector with an astounding assurance of ‘health for all’. Consumerism in no time swiftly drifted from ‘vendor-centric’ to ‘vendee-centric’ for opulent and high income brackets. Health became a ‘product’ and patient transformed into a ‘consumer’ , mauling the mutual loyalty and trust between the ‘health provider’ and ‘health seeker’, and eventually engendered health consumerism since medical service got converted into industrial imperialism. Oceanic literature on right to health stuffed with legal, moral and social obesity could see only slack and sick human race, far from the enforcing executive regimes, and ‘healthcare’ became ‘health scare’ in terms of price and performance. Right to health cannot be construed to be a package of services, and according to WHO, “the right to the highest attainable standard of health” requires a set of social criteria that is conducive to the health of all people, including the availability of health services, safe working conditions, adequate housing and nutritious foods. Healthcare consumerism is about transforming health benefit plans by putting economic purchasing power and decision making into the hands of participants. Consumerism in the healthcare industry is an inescapable growing trend. Healthcare is not the same as the purchase of a TV set. This paper casts a cursory glance at the emerging era of health consumerism and the situation obtaining in India.

Article Price : Rs.50

Comparative Advertising: The Ifs and Buts in Indian Lawn

--Sunitha K K

Comparative advertising is a marketing strategy that can be hostile to consumer rights, if not regulated properly. In India, it is a concept governed by many statutory provisions under various legislations. Consumer Protection Act, 1986, Trademarks Act, 1999, etc. are some of them. Indian judiciary has also over the years played a well-defined role, setting the legal position. This paper is an analysis of comparative advertising in India with reference to the statutory provisions and judicial decisions.

Article Price : Rs.50

The Issue of Collective Land Ownership Under African Customary Land Law: The Case of Cameroon

--Fonja Julius Achu

Customary landholding generally connotes the various methods of acquisition and use including rights and duties that may accrue to any individual or group within a particular society in relation to land. Customary land law in Africa in general and Cameroon in particular has existed for centuries, serving as an integral part of traditional agricultural economies. African customary land law recognizes the fact that land in Africa is owned collectively by a family, village or community and not by an individual. Therefore, an individual’s title to land is rare under African customary law in general and Cameroon in particular. Individual ownership of land under African customary land law is a feature of modernization. This paper investigates why land is still mostly held collectively by a family, village or community and not by an individual under customary law. The author accomplishes this by perusing records mainly from documentary and internet search. The data collected constitutes the sources from which customary and statutory law rules are drawn, stated and analyzed in the light of the stated aim of the paper. The results inter alia identify that land is held principally by the family and community under customary law and that the genesis of individual ownership is a product of modernism. The results are significant because they expose the weaknesses of the customary law regarding individual ownership of land.

Article Price : Rs.50

Legal Requirements for Linking Self-Help Groups to Micro, Small and Medium Enterprises

--Siddhartha Thyagarajan, Nambirajan Thangasamy and Ganeshkumar Chandirasekaran

The objective of this paper is to study the legal requirements for linking Self-Help Groups (SHGs) to Micro, Small and Medium Enterprises (MSMEs) in the Union Territory of Puducherry region. The research variables were identified from the literature review relating to legal requirements of SHGs, and the primary data of a random sample of 127 MSMEs was collected through survey method using a well-structured questionnaire. The results reveal that 81% of the respondents considered valid registration of the organization as a must and 75% considered valid bank account as a must for outsourcing to that organization.

Article Price : Rs.50

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Automated Teller Machines (ATMs): The Changing Face of Banking in India

Bank Management
Information and communication technology has changed the way in which banks provide services to its customers. These days the customers are able to perform their routine banking transactions without even entering the bank premises. ATM is one such development in recent years, which provides remote banking services all over the world, including India. This paper analyzes the development of this self-service banking in India based on the secondary data.

The Information and Communication Technology (ICT) is playing a very important role in the progress and advancement in almost all walks of life. The deregulated environment has provided an opportunity to restructure the means and methods of delivery of services in many areas, including the banking sector. The ICT has been a focused issue in the past two decades in Indian banking. In fact, ICTs are enabling the banks to change the way in which they are functioning. Improved customer service has become very important for the very survival and growth of banking sector in the reforms era. The technological advancements, deregulations, and intense competition due to the entry of private sector and foreign banks have altered the face of banking from one of mere intermediation to one of provider of quick, efficient and customer-friendly services. With the introduction and adoption of ICT in the banking sector, the customers are fast moving away from the traditional branch banking system to the convenient and comfort of virtual banking. The most important virtual banking services are phone banking, mobile banking, Internet banking and ATM banking. These electronic channels have enhanced the delivery of banking services accurately and efficiently to the customers. The ATMs are an important part of a bank’s alternative channel to reach the customers, to showcase products and services and to create brand awareness. This is reflected in the increase in the number of ATMs all over the world. ATM is one of the most widely used remote banking services all over the world, including India. This paper analyzes the growth of ATMs of different bank groups in India.
International Scenario

If ATMs are largely available over geographically dispersed areas, the benefit from using an ATM will increase as customers will be able to access their bank accounts from any geographic location. This would imply that the value of an ATM network increases with the number of available ATM locations, and the value of a bank network to a customer will be determined in part by the final network size of the banking system. The statistical information on the growth of branches and ATM network in select countries.

Indian Scenario

The financial services industry in India has witnessed a phenomenal growth, diversification and specialization since the initiation of financial sector reforms in 1991. Greater customer orientation is the only way to retain customer loyalty and withstand competition in the liberalized world. In a market-driven strategy of development, customer preference is of paramount importance in any economy. Gone are the days when customers used to come to the doorsteps of banks. Now the banks are required to chase the customers; only those banks which are customercentric and extremely focused on the needs of their clients can succeed in their business today.

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